Law:

Section:

(a) Penal Code (ILV of 1860)--- ----S. 302/34---Constitution of Pakistan (1973), Art. 185 (3)---Appeal against acquittal---Misreading of substantial character was pointed out by the petitioner---Leave to appeal was granted. (b) Penal Code (XLV of 1860)--S. 302/34---Constitution of Pakistan (1973), Art. 185---Appeal against acquittal---No misreading or non-reading of evidence was pointed out--­Contention raised by appellant in which he tried to explain the delay, that the eye-witnesses were not visible and that accused were seen firing and killing deceased were all such contentions which had been considered by the Trial Court as well as the High Court and had met by reasonable grounds and arguments---Supreme Court declined interference in order of acquittal by the High Court. JUDGMENT SALEEM AKHTAR, J---These three appeals by the leave of the Court were filed by the complainant Noor Hasan against the respondents, who were accused of committing murder of Nasib Gul, Sarwan Shah, Wazir Hasan and Muhammad Ruk Shah. The respondents had absconded and were put to trial whenever they were arrested. Eid Akbar and Noor Akbar respondents in CrA. 101/1992 were arrested on 24-2-1985. The learned trial Court acquitted them. Sardaraz and Piyavi respondents in Cr. A. 102/1992 were arrested on 11-4-1987 and were tried by the Sessions Judge, Kohat who acquitted them by judgment dated 4-7-1988. Likewise, Muhammad Shafiq and Gul Baz, respondents in Cr. A. 103/1992, were arrested on 15-9-1989 and 25-9-1989 respectively. The learned Sessions Judge by judgment dated 13-6-1990 acquitted them. As the State did not file acquittal appeal, the complainant filed three revision petitions against the judgments of the learned Sessions Judges. All these three revision petitions were dismissed by a consolidated impugned judgment of the High Court. 2. The facts disclosed in the FIR are that the four deceased alongwith Noor Hasan P.W.9 (complainant), Muhammad Hasan P.W.10 and Muhammad Saleh were travelling in the Pick-up No. PRG 493 on 11-12-1984. It was driven by Wazir Hasan son of the complainant. When they reached at Bilyamina Adda Taveezi, these three P.Ws. got down from the pick-up to ease…

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